Case study: a question with no clear answer

When I started this blog, I said I would provide you with case studies and practical examples of how social care law works in practice. I had in mind a few of my interesting Court cases when I first mused on this point. But then today happened. One of my philosophies for working as anContinue reading “Case study: a question with no clear answer”

Some more guidance for you

I could post here about the Court of Protection guidance, but since Alex Ruck-Keane has already shared it, I am just going to direct you to his post, in case you haven’t seen it: He has also written about the available guidance on COVID-19 and the Mental Capacity Act 2005 here: I haveContinue reading “Some more guidance for you”

Quick mini update

I am pleased to report that my authority has upgraded its systems in light of COVID-19 and so the whole thing shouldn’t collapse when we all start working from home. My team have been advised to work from home as much as we can, but our offices remain open and we will all be droppingContinue reading “Quick mini update”

It begins… COVID-19 is starting to bring everything to a grinding halt

I, like many of you, I am sure, have been monitoring the updates as to advice and guidance on how to deal with the pandemic referred to as ‘coronavirus’. I had lengthy discussions with local authority colleagues on what this means from a DoLS perspective on Friday. To complete assessments for DoLS purposes assessors areContinue reading “It begins… COVID-19 is starting to bring everything to a grinding halt”

LPS implementation, are they really serious?

I had intended my next post to be about ordinary residence. But I haven’t quite finished that one yet and the latest news about LPS implementation inspired (read as angered) me. For those of you that haven’t seen it yet, the government has announced that it still intends for the Mental Capacity Amendment Act 2019Continue reading “LPS implementation, are they really serious?”

Evidence or assumption?

A few months ago I attended a very helpful conference on the Mental Capacity Act 2005 arranged by Switalskis solicitors. Its an annual event, but it was the first time I managed to persuade my employers to pay for some tickets. Amongst the many illuminating talks I attended, the one that stuck with me theContinue reading “Evidence or assumption?”

But first, some basics…

My role involves primarily dealing with 3 pieces of legislation: Mental Health Act 1983; Mental Capacity Act 2005 and Care Act 2014. I am going to attempt to summarise the key bits of these pieces of legislation insofar as they relate to core adult social care local authority work for you, in case you readContinue reading “But first, some basics…”

Coming up…

I am aware that I started this blog out of the blue and you out there, my (hopefully not imaginary) readers (I am joking, of course, I do know how to use the wordpress stats page). I have a plan, and now I am sharing it with you. I intend to post at least fortnightly,Continue reading “Coming up…”

Section 21A challenges: Trust me, it really isn’t personal

Social workers, care home managers, community medical professionals, I am talking to you. (A bit of the basics here for anyone new to the area – section 21A challenges are brought when P is in a hospital or care home and a standard authorisation under the Deprivation of Liberty Safeguards is in place. It isContinue reading “Section 21A challenges: Trust me, it really isn’t personal”

The (practical) limits of the Court of Protection

The powers of the Court of Protection are set out in the Mental Capacity Act 2005 ss15 to 23. In summary it can Make declarations as to an individual’s capacity Make declarations as to the lawfulness of actions taken in relation to that individual Make decisions on behalf of an individual who lacks capacity AppointContinue reading “The (practical) limits of the Court of Protection”